CISG CASE PRESENTATION

Belgium 18 January 2002 District Court Mechelen (Tomatoes case)
[Cite as: http://cisgw3.law.pace.edu/cases/020118b1.html]

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20020118 (18 January 2002)

JURISDICTION: Belgium

TRIBUNAL: Rechtbank van Koophandel [District Court for Commercial Matters] Mechelen

JUDGE(S): Kuhn; Lauwers; Spruyt

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: N.V. G. v. N.V. H.P.

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Belgium (plaintiff)

BUYER'S COUNTRY: France (defendant)

GOODS INVOLVED: Tomatoes

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 35 ; 38 ; 39 ; 50

Classification of issues using UNCITRAL classification code numbers:

35B1 [Conformity of the goods (requirement implied by law): fitness for purposes for goods of same description];

38A [Buyer's obligation to examine goods: time for examining goods];

39A2 [Requirement to notify seller of lack of conformity: buyer must notify seller within reasonable time];

50A [Buyer's right to reduce price for non-conforming goods]

Descriptors: Conformity of goods ; Examination of goods ; Lack of conformity notice, timeliness ; Reduction of price, remedy of

Editorial remarks

Overview comments (CISG-Belgium database): "Goods not suitable for resale since too ripe – no written agreement – part of seller’s obligation that goods be suitable for purposes goods are generally used. Inspection – happened immediately. Notice – within a few days – general conditions stated that should be within 24 hours – general conditions were in German and in very small print – despite frequent business relations between parties – notice deemed in time. Price reduced."

Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=941&step=Abstract>

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Rechtskundig Weekblad, nr. 34 (2002-2003)1351-1352; see also CISG-Belgium database of Katholieke Universiteit Leuven <http://www.law.kuleuven.ac.be/ipr/eng/cases/2002-01-18.html>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=941&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (this case and related cases cited in addendum to opinion)